WELCOME! PLEASE REVIEW THESE TERMS AND CONDITIONS ALONG WITH THE PRIVACY POLICY THOROUGHLY BEFORE PROCEEDING. THESE TERMS AND CONDITIONS REQUIRE YOU AND CITGO TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CITGO, INCLUDING WAIVING YOUR RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. Section 17 of the General Terms and Conditions includes these (and other) arbitration terms, please read them carefully.

Subject to your compliance with, and agreement to, these CITGO Pay Terms and Conditions (“CITGO Payment Terms”), the CITGO General Terms and Conditions (“General Terms,” available below), and other terms and conditions referenced in the foregoing (all of the foregoing, collectively, the “Terms”), CITGO Petroleum Corporation and its affiliates and subsidiaries (collectively, “CITGO,” “we,” “our,” or “us”) will provide you with access to the CITGO mobile payment application and certain other associated websites, mobile applications, other applications, linked or related subdomains and microsites, social sites, and certain other services for your use in connection with transactions with CITGO and its third party branded marketers and retailers (the “CITGO Payment App”).

PLEASE BE ADVISED THAT USING THE CITGO PAYMENT APP IN ANY MANNER, WHETHER BY BROWSING OR PARTICIPATING IN AN ONLINE ACTIVITY OR PROMOTION, CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS. From time to time, CITGO may update the Terms. When we do, we will revise the effective date at the top of the CITGO Pay Terms and Conditions, General Terms, and/or other relevant documents comprising these Terms. By using the CITGO Payment App following any such change, you agree to follow and be bound by the Terms as modified. CITGO recommends you review these Terms each time you use the CITGO Payment App.

1. CITGO Payment App Registration

To be eligible to register in the CITGO Payment App you must be at least eighteen (18) years of age, have a legal residence in the United States, and be capable of entering into a legally binding agreement. CITGO may change these eligibility requirements and any of the terms and conditions of these Terms at any time, with or without notice, and reserves the right to refuse membership to any applicant for any reason, in its sole discretion.

If you register in the CITGO Payment App, you will be asked to choose a user name and a password. You agree not to disclose your password to anyone else and that you will be solely responsible for any activities or actions taken in the CITGO Payment App, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or your CITGO Payment App or account. CITGO is not liable for any loss or damage from your failure to comply with these requirements. You agree and represent that the information you provide us will be true, accurate, current, and complete, and you agree to update such information as necessary to maintain its truth and accuracy.

You acknowledge and agree that CITGO may use your provided mobile device phone number to send text messages and other push message to your device as part of the authentication process, and you expressly consent to receiving such messages as part of the authentication process. These additional authentication messages may be used at the discretion of CITGO for higher risk activities on your account such as registering or creating an account, resetting or changing your password, username, or other changes that affect your sensitive information. You agree that CITGO is not obligated to use this second form of authentication but may use this when CITGO deems it appropriate.

By registering on the CITGO Payment App, you consent to the use of: (i) electronic means for your acceptance of the Terms and to receive any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms and your use of the CITGO Payment App.

2. Payment Cards

CITGO reserves the right, in its sole discretion, to decline any transaction with any debit, credit, private label credit, EFT, or other payments cards, mechanisms or credentials (“Payment Card”), including in the event CITGO believes there has been any fraudulent activity on such Payment Card or such Payment Card is reported lost or stolen.

CITGO is not the issuer of any Payment Card and is not responsible for determining whether any transaction initiated by you will be approved. When CITGO authorizes a transaction, it has no control over any pre-authorization hold that may be placed on your Payment Card for any period of time regardless of any difference between a pre-authorization hold amount and a final purchase. For questions concerning your Payment Card or transactions on your Payment Card account, you must contact your Payment Card issuer.

The CITGO Payment App can be used in purchase transactions at participating CITGO locations in the United States only. CITGO makes no representation or warranty that the CITGO Payment App will be available at any given CITGO location, whether participating

3. Payment Functions

The CITGO Payment App provides a service that allows CITGO customers to make payments at certain CITGO branded locations using Payment Cards or other third party-payment programs. By using the payment functions in the CITGO Payment App, your payment details will be shared as CITGO determines to be necessary to complete the transaction with your Payment Card provider or any other third-party payment program (e.g., Apple Pay, Google Pay, Samsung Pay or any other third-party payment program CITGO may choose to integrate) you link to your account, and for other purposes disclosed in the CITGO then-current privacy policy. All payments made are also subject to the terms and conditions provided by your Payment Card issuer and any third-party payment program you link to your account within the CITGO Payment App.

4. Wallet Functions

CITGO may offer a payment wallet as part of the CITGO Payment App. If you choose to use this wallet, you are authorizing one or more transfers of money from your Payment Card or linked third-party payment program (each a “Payment Source”) to be held in your CITGO wallet account on an interest free and nonrefundable basis for future payment solely within CITGO branded locations that participate in the functions of the CITGO Payment App. If you opt to allow the CITGO Payment App to automatically reload your wallet, additional payments will be made automatically from your selected Payment Source to the wallet without your further confirmation. You may discontinue automatic reloads through the CITGO Payment App at any time, but disabling automatic reloads will not reverse any transaction already made to load your wallet.

5. Support

In the event you believe that there is an error with your account in the CITGO Payment App, including any clerical, billing or accounting error, please contact us at 866-248-4672. We will review your claim and correct any error that we discover. If we do not find an error, we will inform you of our rationale. We have no obligation to review or correct any error with your account unless you provide us sufficient notice for us to review your claim within 60 days of the date of the transaction.

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CITGO General Terms and Conditions

1. Introduction

These CITGO General Terms and Conditions (“General Terms”) supplement and are included in and form a part of the Website Terms and Conditions for the Site, the Club CITGO Terms and Conditions for the Club CITGO Rewards Program and Club CITGO App, the CITGO Pay Terms and Conditions for the CITGO Payment App, and other terms and conditions that reference these General Terms. As used herein, references to the “CITGO App” mean either the Club CITGO App or CITGO Payment App, as applicable to the mobile application you use. Capitalized terms used in these General Terms have the meanings provided herein, or in the terms and conditions that reference these General Terms.

2. Rules of Conduct

The following rules of conduct apply to the Site and each CITGO App. By using the Site or a CITGO App, you agree that you will not share any Submission (as defined below) that:

1. (i) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (iv) otherwise harms or can reasonably be expected to harm any person or entity;
2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;
4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any CITGO App or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site; or
6. (i) does not generally pertain to the designated topic or theme of the relevant Social Communication; (ii) violates any specific restrictions applicable to Social Communications, including its age restrictions and procedures; or (iii) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.

We cannot and do not assure that other users are or will be complying with the foregoing rules of conduct or any other provisions of these General Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Furthermore, you agree that you will not use the Site or a CITGO App to:

7. upload, download, post, email, transmit, store, or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially, gender or ethnically offensive, or otherwise objectionable;
8. stalk, harass, threaten, or harm someone;
9. request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor), including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, email address, or the names of the minor’s school, church, athletic teams, or friends;
10. pretend to be anyone, or any entity, you are not, including but not limited to by impersonating or misrepresenting yourself as another person, entity, or CITGO App user, a CITGO employee, or a civic or government leader, or otherwise misrepresenting your affiliation with any person or entity (please note: CITGO reserves the right to reject or block any nickname which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);
11. plan or engage in any illegal activity; or
12. gather or store personal information on any other user of the Site or a CITGO App

3. Intellectual Property and Scope of License

Unless otherwise noted, all content, format and imagery of the Site and each CITGO App (collectively “CITGO IP”) are protected as copyrights, trademarks, service marks, trade names or other intellectual property owned, controlled or licensed by CITGO, or by third parties who have licensed certain intellectual property rights to CITGO and are protected by U.S. and international intellectual property laws and treaty provisions. Unauthorized use of CITGO IP is a violation of law. No rights in any trademark, service mark or trade name are granted to you in connection with your use of the Site or any CITGO App. Without limiting the foregoing, please be advised that CITGO has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines may constitute a violation of CITGO intellectual property rights and/or may rise to the level of unfair competition.

You acknowledge and agree that CITGO and/or its licensors, affiliates, partners, agents, and successors own all legal right, title, and interest in and to CITGO IP, and any software provided to you as a part of or in connection therewith, including any and all intellectual property rights that exist therein. You acknowledge that all use of the Site or a CITGO App is subject to and conditioned on your compliance with these General Terms. Unauthorized duplication is a violation of law.

Subject to your compliance with the General Terms, you may download and install a CITGO App to devices you own, and access and use it, solely for your own personal and non-commercial use. Although you may download and install a CITGO App on multiple devices you own, you may only have a single account [for each individual CITGO App], and you must use the same account across all of your devices. You may not: (i) copy, modify or distribute a CITGO App for any purpose; (ii) transfer, sublicense, lease, lend, rent, or otherwise distribute a CITGO App to anyone else; (iii) reverse-engineer, decompile, or create derivative works of a CITGO App; (iv) make the functionality of a CITGO App available to any other users through any means; (v) use multiple accounts; or (vi) use a CITGO App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these General Terms.

Your license to use a CITGO App and any other license or rights granted in these General Terms will immediately terminate upon the termination of these General Terms. No other licenses or rights are granted to you under any intellectual property rights owned or controlled by CITGO or its licensors.

You agree to use the Site and each CITGO App only for lawful purposes. You are expressly prohibited from violating or attempting to violate the security of the Site or a CITGO App, including, without limitation, the following: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mail-bombing, or crashing; or (d) sending or relaying unsolicited email, including promotions and/or advertising of products or services. You further agree not to misrepresent your identity while making purchases or using the Site or any CITGO App or interfere or attempt to interfere with the proper working of this Site or any CITGO App.

4. Feedback; Use of Data; Rules for Submissions on the Site

“Submissions” under these General Terms means text, messages, ideas, concepts, pitches, suggestions, stories, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons” names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) on or through the Site.

Should you send any Submissions, suggestions, ideas, or feedback, whether related to the Site, a CITGO App, or otherwise (“Feedback”), you acknowledge and agree that any Feedback is given voluntarily, and CITGO is free to use, disclose, reproduce, license, distribute, and otherwise exploit Feedback provided to it as it sees fit, without obligation or restriction of any kind, and no consideration or acknowledgement of any sort will be provided to you. Further, you hereby irrevocably and forever release and waive any claim against CITGO and its affiliates regarding the use of any Feedback for any purpose. You agree that your Feedback will not violate these General Terms or any third party rights, including without limitation, any confidentiality, copyright, trademark, privacy, or other personal or intellectual property or proprietary right, and that your Feedback will not cause injury to any person or entity, or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, viruses, commercial solicitations, or any form of “spam.”

By participating in and/or using the Site or a CITGO App, you authorize CITGO to collect information about your registration and your account activity, which may include, without limitation, the items purchased, promotions redeemed, participating locations visited, or any other information related to any transactions connected with the Site or a CITGO App. CITGO use of such information and any other information collected by, the Site, a CITGO App, or otherwise is described in the CITGO Privacy Policy which may be updated from time to time, at the sole discretion of CITGO. You authorize CITGO to monitor your Site and CITGO App account activity. CITGO has the right to take any necessary legal action based on fraud, abuse, or suspicious activity in connection with your account or any of your activities relating to the Site or a CITGO App, and you agree to cooperate with any such action or investigation. If you are engaged in any improper activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages.

5. Cooperation; Removal of Submissions

CITGO reserves the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission that violates these General Terms (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these General Terms (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including the Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

6. Contests, Promotions and Sweepstakes

From time to time CITGO may offer you the chance to participate in sweepstakes, contests and/or other promotions. Your participation in any such sweepstakes, contests and/or promotions will be governed by the specific rules posted by CITGO that govern such activity and participation is limited by the law of the state in which you reside. CITGO does not offer sweepstakes, contests and/or other promotions in jurisdictions that prohibit them, either alone or in connection with the sale of motor vehicle fuels and merchandise.

7. Safeguarding Devices, Usernames, and Passwords

You agree that you will exercise reasonable care in safeguarding any device on which you have installed a CITGO App and keep your user name and password confidential and secure, and that you will notify CITGO immediately if you believe that a fraudulent or unauthorized transaction has been conducted using your Club CITGO Rewards Program account or a CITGO App or if you become aware of any other breach of security relating to the Club CITGO Rewards Program, your account, or a CITGO App. CITGO should be notified of such fraudulent or unauthorized transaction, or security breach at the number listed in the relevant agreement. Notwithstanding the foregoing, you acknowledge that your rights with respect to, and the procedures that you must follow for resolution of, fraudulent or unauthorized charges to any Payment Card account are as set forth in your agreement with the issuer of your Payment Card. These terms do not create any responsibility of CITGO to notify your issuer of fraudulent or unauthorized activity or to take any action on your behalf with respect thereto.

8. Driver Safety

You agree that your use of the Site or a CITGO App is at your own risk and that you will not use the Site or a CITGO App while operating a vehicle (also known as distracted driving). You also agree to follow safety guidelines or warnings posted or made available (i) at the service station/gas station at which you use your CITGO App and (ii) by your wireless carrier.

9. Electronic Communications

Except as otherwise required by law, you acknowledge and agree that we may provide any notice permitted or required under these General Terms via mail, email, posting on our website, SMS, in-app or push notification, or any other reasonable means. By using the Site or a CITGO App, you acknowledge and agree that we may communicate with you regarding the Site, the Club CITGO Rewards Program and CITGO App electronically. These communications will include notices about your account (e.g., change in password, confirmation e-mails, and other transactional information) and are part of your relationship with CITGO. Such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

10. Push Messages, Location Services, and Wireless Carrier Charges and Fees

As part of a CITGO App, you may receive push notifications, home screen alerts, text messages, emails, or other types of messages directly sent to you outside or inside a CITGO App (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages sent outside a CITGO App. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services as a result of your use of a CITGO App or any other services provided through a CITGO App.

Location data accessed through a CITGO App is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Alerts and/or notification data is for convenience only and you understand that multiple factors including network availability may affect notification data delivery, which is not guaranteed. CITGO does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data or notification data. YOUR USE OF ANY LOCATION DATA FOR REAL TIME ROUTE GUIDANCE IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. A CITGO App may also provide access to Google LLC (“Google”)’s Maps program. By using or accessing such services, you agree to be bound by any of Google’s applicable terms of use or service.

CITGO use of your location data is further described in our Privacy Policy. Note that some Rewards and payments require CITGO use of your location data and for location services to be “on” while using a CITGO App.

11. Restrictions

CITGO may suspend or terminate your ability to access and/or rights in and to the Site, the Club CITGO Rewards Program, CITGO App, or any other services accessible through the Site or a CITGO App at any time, with or without notice, at the sole discretion of CITGO including but not limited to, if a newer version of a CITGO App or a service thereof is available; to improve the Site, the Club CITGO Rewards Program, CITGO App, or a service or any functionality thereof; to add or remove your access to a service accessible through the Site, a CITGO App; to improve ease of use for you or CITGO; to correct an error or bug; to prevent or discontinue harmful or improper access to the Site, the Club CITGO Rewards Program, CITGO App, or a service thereof; to prevent or discontinue unauthorized use of the Site, Club CITGO Rewards Program, CITGO App, or a service thereof; to comply with a platform provider or governmental or regulatory authority request; to comply with a law, statute, regulation, or judicial order; to revoke your membership and or participation in the Site, the Club CITGO Rewards Program or a CITGO App, or to eliminate or discontinue the Site, the Club CITGO Rewards Program and or a CITGO App. We may provide notice to you of such changes or any suspension or modification to the extent required by applicable U.S. law.

CITGO reserves the right, at our sole discretion, to add and remove features and capabilities from the Site, the Club CITGO Rewards Program and/or a CITGO App and to create limits on the use of the Site, the Club CITGO Rewards Program and/or a CITGO App, including, without limitation, additional registration or verification requirements or geographic restrictions, at any time and without notice.

CITGO reserves the right to approve, deny, or revoke participation in the Site, the Club CITGO Rewards Program or use of a CITGO App to any individual for any reason whatsoever on an immediate basis and without prior notice. If we determine that you have registered more than one (1) Club CITGO Rewards account to your name/business, we reserve the right to terminate these accounts without further notice.

Use of the Site and a CITGO App is unauthorized in any jurisdiction that does not give effect to all provisions of these General Terms. You agree that no joint venture, partnership, employment, or agency relationship exist between you and CITGO because of these General Terms and or your participating in or use of the Site, the Club CITGO Rewards Program and/or a CITGO App.

12. Right to Change/Modify/Cancel

CITGO, in its sole discretion, may cancel, modify, restrict, waive, or terminate the Site, the Club CITGO Rewards Program, a CITGO App, and/or any of these General Terms, including but not limited to the rules for earning and redeeming Rewards and the expiration policy for Rewards, at any time, with or without prior notice, even though these changes may affect your ability to use any Rewards you have already earned. Your continued participation in the Site, the Club CITGO Rewards Program and/or use of a CITGO App constitutes your acceptance of any changes to these General Terms. You are responsible for remaining knowledgeable of any changes that CITGO makes to the Club CITGO Rewards Program, terms and conditions related to any Rewards, CITGO Pay Terms and Conditions, Website Terms and Conditions, and these General Terms and any other terms and conditions integrated herein. The most current version of these General Terms will be available here on the Site and will supersede all previous versions of these General Terms.

13. Termination

The Club CITGO Rewards Program and/or each CITGO App have no predetermined termination date and may continue until such time as CITGO decides to terminate or suspend them. CITGO may terminate or suspend the Club CITGO Rewards Program and/or a CITGO App at any time.

Upon termination, your ability to earn additional Rewards terminates immediately, and you will have to use any available Rewards remaining in your account prior to their expiration. After that date, any remaining Rewards will be forfeited without compensation to you and without liability to CITGO.

These General Terms shall continue in full force and effect until terminated. CITGO may terminate these General Terms for convenience at any time upon notice to you. CITGO will provide notice of termination via the email address you supplied at the time of registration. You also have the right to stop using your account at any time. Notwithstanding the foregoing, with respect to you, these General Terms shall terminate without any further action needing to be taken by CITGO upon any breach by you of these General Terms. Upon the termination of these General Terms for any reason whatsoever all licenses granted to you hereunder shall immediately terminate and you shall immediately cease and desist from all access to and use of the Site, the Club CITGO Rewards Program and/or CITGO App, and shall immediately delete each CITGO App from all devices that you own or control. For the avoidance of doubt, notwithstanding any termination of these General Terms, you remain liable for all use of (i) the Club CITGO Rewards Program under your account and/or (ii) a CITGO App on any device you own or control, including any transactions initiated through such use. The terms set forth in the following paragraphs of these General Terms shall survive the termination for any reason: “FEEDBACK AND USE OF DATA”; “INTELLECTUAL PROPERTY AND SCOPE OF LICENSE”; “INDEMNIFICATION, DISCLAIMER OF WARRANTIES, AND LIMITATION OF LIABILITY”; “CHOICE OF LAW”, “DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER”; and “ENTIRE AGREEMENT.”

See our Privacy Policy to see what rights you have to request that CITGO delete your personal information.

14. Indemnification, Disclaimer of Warranties, and Limitation of Liability

You agree to release, indemnify, defend and hold harmless CITGO and its affiliates, and their respective directors, officers, owners, agents, distributors, marketers, retailers, franchisees, co-branders, employees, licensors, licensees, consultants, and contractors (collectively “CITGO Parties”, and each individually a “CITGO Party”) from and against any and all claims, demands, causes of action, damages, expenses, losses, debt or liability, including without limitation attorney’s fees and costs incurred by the CITGO Parties arising out of, related to, or which may arise from:

1. your participation in the Club CITGO Rewards Program and/or use of the Site and each CITGO App or any other service provided on the Site or in a CITGO App;
2. any breach or non-compliance by you of any of these General Terms;
3. your actions or omissions; or
4. your negligence or violation or alleged violation of any applicable law, regulations, or any rights of a third party.

15. Disclaimer of Warranties

CITGO makes every reasonable effort to ensure that the information and materials contained on the Site and in the CITGO Apps are current and accurate. CITGO makes no representations or warranties as to the accuracy, reliability or completeness of the information, text, graphics, links or other items contained on the Site. CITGO expressly disclaims liability for any errors or omissions in the materials contained on the Site and in the CITGO Apps. CITGO reserves the right to make changes in the programs, policies, products and services described on the Site at any time without notice.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE CLUB CITGO REWARDS PROGRAM AND EACH CITGO APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SITE, THE CLUB CITGO REWARDS PROGRAM OR EACH CITGO APP WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR WILL MEET YOUR EXPECTATIONS. YOUR USE OF THE SITE, THE CLUB CITGO REWARDS PROGRAM AND EACH CITGO APP AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SITE, THE CLUB CITGO REWARDS PROGRAM OR EACH CITGO APP IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR INJURY RESULTING FROM THEIR USE. CITGO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE’S MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CITGO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

CITGO expressly disclaims all liability for the use or interpretation by others of information contained in the Site. A visitor who uses, or makes decisions based on information contained in this Site does so at the visitor’s own risk. In exchange for using this Site, the visitor agrees to hold CITGO parties harmless against any claims for damages arising from any decisions that the visitor makes based on such information.

CITGO expressly disclaims any liability for any issue caused by existing malware on computers, laptops, phones, or other mobile or end user devices, and any resulting malfunction, loss of payments, loyalty rewards, or any compromise of personal or payment information stored on a device that is affected by such malware.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CITGO OR ANY OTHER CITGO PARTY (DEFINED ABOVE), BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES TO YOU UNDER OR IN CONNECTION WITH THESE TERMS OR THAT RESULT FROM OR ARISE IN CONNECTION WITH THE CLUB CITGO REWARDS PROGRAM OR CITGO APP, INCLUDING THE USE OF OR INABILITY TO USE THE FOREGOING, EVEN IF CITGO OR ANY OTHER CITGO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF CITGO AND THE OTHER CITGO PARTIES (DEFINED ABOVE) TO YOU UNDER OR IN CONNECTION WITH THESE TERMS, OR RESULTING FROM OR ARISING OUT OF THE CLUB CITGO REWARDS PROGRAM OR A CITGO APP, INCLUDING THE USE OF OR INABILITY TO USE THE FOREGOING, SHALL NOT EXCEED $50.00 OR THE SUM OF ANY FEES (NOT TO INCLUDE THE RETAIL PRICE OF FUEL OR GOODS) PAID BY YOU AS PART OF THE CLUB CITGO REWARDS PROGRAM, WHICHEVER IS HIGHER.

17. Arbitration and Governing Law

YOU WILL SUBMIT ANY DISPUTES ARISING FROM THE USE OF THESE TERMS OF USE OR THE SITE, THE CITGO REWARDS PROGRAM, OR A CITGO APP, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING TEXAS LAW. YOU AGREE TO ARBITRATE IN YOUR INDIVIDUAL CAPACITY ONLY – NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS – AND YOU EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS ACTION BASIS. FURTHERMORE, UNLESS YOU AND COMPANY AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OF CLASS PROCEEDING. ALL ARBITRATION PROCEEDINGS ARE CONFIDENTIAL, UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE. ARBITRATION ORDERS AND AWARDS REQUIRED TO BE FILED WITH APPLICABLE COURTS OF COMPETENT JURISDICTION ARE NOT CONFIDENTIAL AND MAY BE DISCLOSED BY THE PARTIES TO SUCH COURTS. A PARTY WHO IMPROPERLY DISCLOSES CONFIDENTIAL INFORMATION WILL BE SUBJECT TO SANCTIONS. THE ARBITRATOR AND FORUM MAY DISCLOSE CASE FILINGS, CASE DISPOSITIONS, AND OTHER CASE INFORMATION AS REQUIRED BY A COURT ORDER OF PROPER JURISDICTION. These General Terms of Use will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions.

18. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE, THE CITGO REWARDS PROGRAM, OR A CITGO APP MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19. Assignment

Except as expressly set forth herein, you may not sell, assign or transfer any service or other benefit you receive, any other aspect of your Club CITGO Rewards Program or a CITGO App account, or any of your rights or obligations under these General Terms, whether by operation of law or otherwise. We may sell, transfer, or assign these General Terms, your Club CITGO Rewards Program or each CITGO App account, in whole or in part, at any time, without notice to you. If we make such an assignment, the sole responsibility for the matters assigned, including any obligations to you, will lie with the party to which we make the assignment, and we will be released from any responsibilities or obligations.

20. Rules of Construction; Entire Agreement and Statement of Non-Reliance

Interpretation of these General Terms shall be governed by the following rules of construction: (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the word “including” and words of similar import shall mean “including, without limitation”; (iii) provisions shall apply, when appropriate, to successive events and transactions; (iv) the headings contained herein are for reference purposes only and shall not affect in any way the meaning or interpretation of these General Terms; and (v) the words “herein,” “hereto,” “hereinafter” and words of similar import refer to these General Terms as a whole.

These General Terms together with any other terms and conditions, policies or agreements referenced herein, constitutes the entire agreement between the parties concerning the subject matter hereof. You expressly acknowledge and agree that you are not entitled to rely upon, and have not relied upon, any representation or warranty by CITGO that is not expressly stated in these General Terms.